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161.166 COMMISSIONER ACTION; OTHER HIGHWAYS.
    Subdivision 1. Applicability. This section applies to trunk highways that are not interstate
highways.
    Subd. 2. Action on approved final layout. If the appeal board recommends approval of the
final layout or does not submit its findings or recommendations within 60 days of the hearing, in
which case the the final layout is deemed approved, the commissioner may prepare substantially
similar final construction plans and proceed with the project. If the final construction plans change
access or traffic capacity or require additional acquisition of right-of-way from the final layout
approved by the appeal board, the commissioner shall submit the portion of the final construction
plan that shows the changes, to the governing body for its approval or disapproval under section
161.164, subdivision 2.
    Subd. 3. Action on final layout approved with changes. (a) If the appeal board approves
the final layout with modifications, the commissioner may:
(1) prepare final construction plans including the modifications, notify the governing body,
and proceed with the project;
(2) decide not to proceed with the project; or
(3) prepare a new final layout and resubmit it to the governing body for approval or
disapproval under section 161.164, subdivision 2.
(b) If the final construction plans contain changes in access or traffic capacity or require
additional acquisition of permanent right-of-way from the final layout reviewed by the appeal
board or the governing body, the commissioner shall resubmit the portion of the final construction
plans that shows the changes, to the governing body for its approval or disapproval under section
161.164, subdivision 2.
    Subd. 4. Action on disapproved final layout. If the appeal board disapproves the final
layout, the commissioner may:
(1) decide not to proceed with the project; or
(2) prepare a new final layout and submit it to the governing body for approval or disapproval
under section 161.164, subdivision 2.
    Subd. 5. Final construction plans issued. The commissioner shall send a complete set
of final construction plans to the municipality at least 45 days before the bid opening for
informational purposes.
History: 2001 c 191 s 7

Official Publication of the State of Minnesota
Revisor of Statutes